118TH CONGRESS 

2D SESSION S. 5398 

AN ACT 

To authorize sentencing enhancements for certain criminal 

offenses directed by or coordinated with foreign governments. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Deterring External 

3 Threats and Ensuring Robust Responses to Egregious and 

4 Nefarious Criminal Endeavors Act’’ or the ‘‘DETER5 RENCE Act’’. 

6 SEC. 2. KIDNAPPING. 

7 Section 1201 of title 18, United States Code, is 

8 amended— 

9 (1) by redesignating subsection (h) as sub10 section (i); 

11 (2) by inserting after subsection (g) the fol12 lowing: 

13 ‘‘(h) SENTENCE ENHANCEMENTS FOR OFFENSES DI14 RECTED BY OR COORDINATED WITH FOREIGN GOVERN15 MENTS.— 

16 ‘‘(1) IN GENERAL.—The sentence of a person 

17 convicted of an offense under subsection (a) may be 

18 increased by up to 10 years if such offense was com19 mitted knowingly at the direction of or in coordina20 tion with a foreign government or an agent of a for21 eign government. 

22 ‘‘(2) CONSPIRACY.—The sentence of a person 

23 convicted of conspiring to commit a violation of sub24 section (a) as part of a conspiracy under the ele25 ments specified in subsection (c) may be increased 

26 by up to 10 years if— 
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1 ‘‘(A) 1 or more of the persons involved in 

2 such conspiracy were knowingly acting in co3 ordination with a foreign government or an 

4 agent of a foreign government; and 

5 ‘‘(B) the person convicted of conspiring to 

6 commit a violation of subsection (a) knew that 

7 1 or more of the persons involved in such con8 spiracy were knowingly acting in coordination 

9 with a foreign government or an agent of a for10 eign government. 

11 ‘‘(3) ATTEMPT.—The sentence of a person con12 victed of an attempt to violate subsection (a) may be 

13 increased by up to 5 years if such attempt was 

14 knowingly at the direction of or in coordination with 

15 a foreign government or an agent of a foreign gov16 ernment.’’; and 

17 (3) in subsection (i), as so designated, by in18 serting ‘‘DEFINITION.—’’ before ‘‘As used in this 

19 section’’. 

20 SEC. 3. USE OF INTERSTATE COMMERCE FACILITIES IN 

21 THE COMMISSION OF MURDER-FOR-HIRE. 

22 (a) IN GENERAL.—Section 1958 of title 18, United 

23 States Code, is amended— 

24 (1) by redesignating subsection (b) as sub25 section (c); 
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1 (2) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) SENTENCE ENHANCEMENTS FOR OFFENSES DI4 RECTED BY OR COORDINATED WITH FOREIGN GOVERN5 MENTS.—The sentence of a person convicted of an offense 

6 under subsection (a)— 

7 ‘‘(1) may be increased by up to 5 years, if such 

8 offense was committed knowingly at the direction of 

9 or in coordination with a foreign government or an 

10 agent of a foreign government; and 

11 ‘‘(2) may be increased by up to 10 years— 

12 ‘‘(A) if such offense was committed know13 ingly at the direction of or in coordination with 

14 a foreign government or an agent of a foreign 

15 government; and 

16 ‘‘(B) personal injury results.’’; and 

17 (3) in subsection (c), as so redesignated, by in18 serting ‘‘DEFINITIONS.—’’ before ‘‘As used in this 

19 section’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) Section 2332b(g)(2) of title 18, United 

22 States Code, is amended by striking ‘‘section 

23 1958(b)(2)’’ and inserting ‘‘section 1958’’. 

24 (2) Section 1010A(d) of the Controlled Sub25 stances Import and Export Act (21 U.S.C. 960a(d)) 
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1 is amended by striking ‘‘section 1958(b)(1)’’ and in2 serting ‘‘section 1958’’. 

3 SEC. 4. INFLUENCING, IMPEDING, OR RETALIATING 

4 AGAINST A FEDERAL OFFICIAL BY THREAT5 ENING OR INJURING A FAMILY MEMBER. 

6 Section 115(b) of title 18, United States Code, is 

7 amended by adding at the end the following: 

8 ‘‘(5) The sentence of a person convicted of an 

9 offense under subsection (a), if such offense was 

10 committed knowingly at the direction of or in coordi11 nation with a foreign government or an agent of a 

12 foreign government— 

13 ‘‘(A) may be increased by up to 5 years if 

14 the offense committed was an assault involving 

15 physical contact with the victim of that assault 

16 or the intent to commit another felony; 

17 ‘‘(B) may be increased by up to 10 years 

18 if— 

19 ‘‘(i) the offense committed was an as20 sault resulting in bodily injury (including 

21 serious bodily injury (as that term is de22 fined in section 1365 of this title)); 

23 ‘‘(ii) the offense involved any conduct 

24 that, if the conduct occurred in the special 

25 maritime and territorial jurisdiction of the 
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1 United States, would violate section 2241 

2 or 2242 of this title; or 

3 ‘‘(iii) a dangerous weapon was used 

4 during and in relation to the offense; and 

5 ‘‘(C) may be increased by up to 10 years 

6 if the offense committed was a murder, at7 tempted murder, or conspiracy to murder.’’. 

8 SEC. 5. STALKING. 

9 Section 2261A of title 18, United States Code, is 

10 amended— 

11 (1) by striking ‘‘Whoever—’’ and inserting ‘‘(a) 

12 IN GENERAL.—Except as provided in subsection (b), 

13 whoever—’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(b) ENHANCED PENALTIES FOR OFFENSES IN16 VOLVING FOREIGN GOVERNMENTS.—The sentence of a 

17 person convicted of an offense under paragraph (1) or (2) 

18 of subsection (a), if such offense was committed knowingly 

19 at the direction of or in coordination with a foreign gov20 ernment or an agent of a foreign government— 

21 ‘‘(1) may be increased by up to 5 years if— 

22 ‘‘(A) serious bodily injury (including per23 manent disfigurement or life threatening bodily 

24 injury) to the victim results; 
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1 ‘‘(B) the offender uses a dangerous weap2 on during the offense; or 

3 ‘‘(C) the victim of the offense is under the 

4 age of 18 years; 

5 ‘‘(2) may be increased by up to 10 years if 

6 death of the victim results; and 

7 ‘‘(3) may be increased by up to 30 months in 

8 any other case.’’. 

9 SEC. 6. PROTECTION OF OFFICERS AND EMPLOYEES OF 

10 THE UNITED STATES. 

11 Section 1114 of title 18, United States Code, is 

12 amended— 

13 (1) by redesignating subsection (b) as sub14 section (c); and 

15 (2) by inserting after subsection (a) the fol16 lowing: 

17 ‘‘(b) SENTENCE ENHANCEMENTS FOR OFFENSES DI18 RECTED BY OR COORDINATED WITH FOREIGN GOVERN19 MENTS.—The sentence of a person convicted of an offense 

20 under subsection (a) may be increased by up to 10 years 

21 if such offense was committed knowingly at the direction 

22 of or in coordination with a foreign government or an 

23 agent of a foreign government.’’. 
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1 SEC. 7. PRESIDENTIAL AND PRESIDENTIAL STAFF ASSAS2 SINATION, KIDNAPPING, AND ASSAULT. 

3 Section 1751 of title 18, United States Code, is 

4 amended— 

5 (1) by redesignating subsections (f) through (k) 

6 as subsections (g) through (i), respectively; and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f)(1) The sentence of a person convicted of an of10 fense under subsection (a), (b), or (c) may be increased 

11 by up to 10 years if such offense was committed knowingly 

12 at the direction of or in coordination with a foreign gov13 ernment or an agent of a foreign government. 

14 ‘‘(2) The sentence of a person convicted of conspiring 

15 to kill or kidnap any individual designated in subsection 

16 (a) as part of a conspiracy under the elements specified 

17 in subsection (d) may be increased by up to 10 years if— 

18 ‘‘(A) 1 or more of the persons involved in such 

19 conspiracy were knowingly acting in coordination 

20 with a foreign government or an agent of a foreign 

21 government; and 

22 ‘‘(B) the person convicted of conspiring to kill 

23 or kidnap an individual designated in subsection (a) 

24 knew that 1 or more of the persons involved in such 

25 conspiracy were knowingly acting in coordination 
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1 with a foreign government or an agent of a foreign 

2 government. 

3 ‘‘(3) The sentence of a person convicted of an offense 

4 under subsection (e) may be increased by up to 10 years 

5 if— 

6 ‘‘(A) the victim was any person designated in 

7 subsection (a)(1); and 

8 ‘‘(B) such offense was committed knowingly at 

9 the direction of or in coordination with a foreign 

10 government or an agent of a foreign government. 

11 ‘‘(4) The sentence of a person convicted of an offense 

12 under subsection (e) may be increased by up to 10 years 

13 if— 

14 ‘‘(A) the victim was any person designated in 

15 subsection (a)(2); and 

16 ‘‘(B) such offense was committed knowingly at 

17 the direction of or in coordination with a foreign 

18 government or an agent of a foreign government. 

19 ‘‘(5) The sentence of a person convicted of an offense 

20 under subsection (e) may be increased by up to 10 years 

21 if— 

22 ‘‘(A)(i) the offense involved the use of a dan23 gerous weapon; or 

24 ‘‘(ii) personal injury resulted; and 
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1 ‘‘(B) such offense was committed knowingly at 

2 the direction of or in coordination with a foreign 

3 government or an agent of a foreign government.’’. 

Passed the Senate December 17 (legislative day, December 16), 2024. 

Attest: 

Secretary. 

118TH CONGRESS 

2D SESSION S. 5398 

AN ACT 

To authorize sentencing enhancements for certain 

foreign governments. criminal offenses directed by or coordinated with